Welcome to the website of Marclar Pty Ltd trading as "Utripa" (ABN 76 645 956 510) ("we", "us" or the "Company"), a facilitator of access to unique tours and experiences for travelers by introducing consumers to service providers and vice versa.
This website is located on the web via the domain https://utripa.com and includes all of the files located in that domain ("this site").
If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Your use of this site is subject to the rules set out in Schedule 1 below.
Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:
You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
The Company reserves the right to make any parts of this site accessible only to users who have registered.
Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this site with your username and password is you or your authorised representative.
You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.
One person may not maintain more than one account with this site unless said person is a guide, in which case they shall be entitled to maintain one account as a user and one account as a guide. Accounts registered by "bots" or other automated methods are not permitted.
The Company reserves the right to accept or reject any application for registration of an account with this site at its discretion.
We will not commence processing any order made through this site unless and until:
We reserve the right at our discretion to:
Acceptance of each order will take place if and when the Company either:
The Company reserves the right to change the prices for services displayed in this site at any time before you place an order.
Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Payment for orders placed through this site may be made:
Only VISA and MasterCard are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.
If you elect to pay for an order by direct deposit using EFT, after your order has been submitted, we will send you an email containing instructions for making the payment, or otherwise provide such information to you, including our bank account details and the reference number for your order. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order.
If you cancel an order less than forty-eight (48) hours before the booking start time (and in the absence of a specified time less than 48 hours before 9:00am on the date of your booking) we will provide you with a refund of 80% of the money paid by you in relation to the relevant booking.
If you cancel an order no less than forty-eight (48) hours before the booking start time (and in the absence of a specified time no less than 48 hours before 9:00am on the date of your booking) we will provide you with a full refund.
If your guide cancels your booking at any time prior to your booking start time or is a “no-show” we will give you a full refund.
While our third party payment gateway and website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.
The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
This site includes an online portal that allows third parties to advertise goods and/or services for sale to our users through this site and to upload information and other content directly to this site for our users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:
We do not recommend or endorse any third party goods or services that are listed, advertised or referred to in this site or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this site or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.
You acknowledge that the Company does not:
The relevant supplier, and not the Company, is:
We do not act as agent for the supplier and we make no representation or warranty, and provide no guarantee, that the supplier will provide you with the goods and/or services that you offer to purchase through this site, or that those goods/services will meet your expectations. You should satisfy yourself through your own enquiries as to the quality or suitability of any supplier listed on this site and any goods or services supplied, offered or recommended by or on behalf of a supplier.
Acceptance of an order creates a contract between you and the relevant supplier in respect of the provision of the goods and/or services that are the subject of that order. The Company is not a party to that contract. That contract will be subject to relevant supplier’s own terms and conditions of supply. You will be responsible for investigating and reviewing the supplier’s terms and conditions of supply – including its policies on refunds, returns, cancellations and rescheduling, as applicable – prior to placing any order through this site.
As between you and the Company, all amounts paid through this site are non-refundable. If, pursuant to the terms and conditions of the contract that is formed between you and any supplier upon the acceptance of any offer that you make through this site, you are entitled to any refund, the relevant supplier is solely responsible for providing you with that refund. The Company does not guarantee the provision of that refund to you and you must take action against the supplier directly, and not against the Company, in order to enforce your entitlement to that refund.
You are solely responsible for your interactions with suppliers listed on this site and the Company is not a party to any transactions between you and such suppliers. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and suppliers.
If you believe that any supplier from which you have purchased any goods or services through this site has failed to provide those goods or services to you, or that those goods or services did not meet your expectations, please contact us to let us know so that we may take disciplinary action against that supplier if we consider it appropriate at our discretion to do so. The Company will not, however, act on your behalf, or on behalf of any supplier, in respect of any dispute between you and a supplier.
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
The phrase "Utripa" is a trademark of the Company. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.
This site contains some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company's sole discretion):
We will never rent, trade or sell your email address to anyone.
We will never publicly display your email address or other personal details that identify you.
We will treat all personal information in accordance with any and all obligations that are binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act lays down 13 key principles in relation to the collection and treatment of personal information, which are called the “Australian Privacy Principles”.
Personal information held by the Company may include your:
All purchases that are made through this site are processed securely and externally by one or more third party payment gateway providers. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to such third party payment gateway providers, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).
At this site, we only collect personal information that is necessary for us to conduct our business as a facilitator of access to unique tours and experiences for travelers by introducing consumers to service providers and vice versa.
We may collect personal information that you provide to us about yourself when you:
This site may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. The Company collects and manages IP addresses as part of the service of providing internet session management and for security purposes. The Company may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, this site.
This site uses "cookies" to help personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this site: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into the "Cookies" folder on your computer and remains in that folder after you close your browser, and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer. Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. The Company extends the same privacy protection to your personal information, whether gathered via cookies or from other sources.
You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.
Many of these cookies are removed or cleared when you log out but some may remain so that your preferences are remembered for future sessions.
In some cases, third parties may place cookies through this site. For example:
Your personal information may be used in order to:
From time to time we may email our customers with news, information and offers relating to our own services or those of selected partners. Your personal information may also be collected so that the Company can promote and market products and services to you. This is to keep you informed of products, services, and special offers we believe you will find valuable and may continue after you cease acquiring products and services from us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request. You can unsubscribe from such communications at any time if you choose.
When you acquire or access any other goods or services from a third party supplier through this site, we will provide to that supplier such information as is necessary to enable it to process and administer your order. Such information will include personal information about you, including (without limitation) your name and contact details.
In order to deliver the services you require or for the purposes set out above, the Company may disclose your personal information to organisations outside the Company. Your personal information may be disclosed to these organisations only in relation to this site, and the Company takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. These organisations may carry out or provide:
In addition, we may disclose your personal information to:
If you would like more information about the way we manage personal information that we hold about you, or are concerned that we may have breached your privacy, please contact us by email or by post.
In most cases, you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the Australian Privacy Principles. All requests for access to your personal information must be directed to the Privacy Officer by email or by writing to us at our postal address. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.
In some cases, we may refuse to give you access to personal information that we hold about you. This may include circumstances where giving you access would:
We may also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings. If we refuse to give you access, we will provide you with reasons for our refusal.
We will amend any personal information about you that is held by us and that is inaccurate, incomplete or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.
We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration. In our business, personal information may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information.
You can set preferences for how Google advertises to you using the Google Ads Settings page (https://www.google.com/settings/ads). Facebook has enabled an AdChoices link that enables you to opt out of targeted advertising.
The Company welcomes the General Data Protection Regulation (“GDPR”) of the European Union (“EU”) as an important step forward in streamlining data protection globally. Although we do not operate an establishment within the EU and do not target any offering of services towards clients in the EU specifically, we intend to comply with the data handling regime laid out in the GDPR in respect of any personal information of data subjects in the EU that we may obtain.
The requirements of the GDPR are broadly similar to those set out in the Privacy Act and include the following rights:
Data that we collect about you may be stored or otherwise processed by third party services with data centres based outside the EU, such as Google Analytics, Microsoft Azure, Amazon Web Services, Apple, etc and online relationship management tools. We consider that the collection and such processing of this information is necessary to pursue our legitimate interests in a way that might reasonably be expected (eg, to analyse how our clients use our services, develop our services and grow our business) and which does not materially impact your rights, freedom or interests.
The Company requires that all third parties that act as “data processors” for us provide sufficient guarantees and implement appropriate technical and organisational measures to secure your data, only process personal data for specified purposes and have committed themselves to confidentiality.
We will only keep your data for as long as is necessary for the purpose for which it was collected, subject to satisfying any legal, accounting or reporting requirements. At the end of any retention period, your data will either be deleted completely or anonymised (for example, by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning). In some circumstances, you can ask us to delete your data.
To ensure that your personal information is accurate and up to date, please promptly advise us of any changes to your information by contacting our data protection officer by email or by post.
If you require any further information about the Privacy Act and the Australian Privacy Principles, you can visit the Federal Privacy Commissioner’s website (see www.privacy.gov.au).